What Happens in Vegas, Stays in Vegas. Or Does It?: A Dormant Commerce Clause Analysis of Nevada’s Online Sports Gambling In-Person Registration Requirement

Is the in-person registration requirement Nevada’s last-ditch effort to keep what happens in Vegas, in Vegas? This Comment argues that Nevada violates the Dormant Commerce Clause by requiring in-person registration for online sports betting. Part II introduces Nevada’s sports gaming regulations, history, regulatory scheme, and the potentially impacted industries. Part III discusses the relevant law on the Dormant Commerce Clause under a discrimination test. Part IV analyzes Nevada’s in-person registration requirement under the Dormant Commerce Clause and discusses legitimate local purposes for the regulation and reasonable alternatives, concluding that the regulation violates the Dormant Commerce Clause. Part V proposes that Nevada repeal the in-person registration requirement and adopt pre-existing technology from the online poker industry, cashless wagering, and regulation from other states that are now the gold standard for online gambling.